双语:2017全国人民代表大会常务委员会工作报告

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摘要Full Text: Report on the Work of the Standing Committee of the National People’s Congress 2017

2017年3月8日,张德江委员长作全国人民代表大会常务委员会工作报告。

全国人民代表大会常务委员会工作报告文章源自英文巴士-https://www.en84.com/2225.html

Report on the Work of the Standing Committee of the National People’s Congress文章源自英文巴士-https://www.en84.com/2225.html

 文章源自英文巴士-https://www.en84.com/2225.html

——2017年3月8日在第十二届全国人民代表大会第五次会议上文章源自英文巴士-https://www.en84.com/2225.html

Delivered at the Fifth Session of the Twelfth National People’s Congress on March 8, 2017文章源自英文巴士-https://www.en84.com/2225.html

 文章源自英文巴士-https://www.en84.com/2225.html

全国人民代表大会常务委员会委员长  张德江文章源自英文巴士-https://www.en84.com/2225.html

Zhang Dejiang, Chairman of the Standing Committee of the National People’s Congress文章源自英文巴士-https://www.en84.com/2225.html

 文章源自英文巴士-https://www.en84.com/2225.html

各位代表:文章源自英文巴士-https://www.en84.com/2225.html

 

Fellow Deputies,

 

现在,我受全国人大常委会委托,向大会报告工作,请予审议。

 

On behalf of the Standing Committee of the National People’s Congress (NPC), I will now present to you the report on the work of the Standing Committee for your deliberation.

 

过去一年的主要工作

Major Initiatives of the Past Year

 

过去一年,在以习近平同志为核心的党中央坚强领导下,全国人大常委会全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,坚持党的领导、人民当家作主、依法治国有机统一,紧紧围绕统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局、贯彻落实新发展理念,认真行使宪法法律赋予的职权,努力发挥最高国家权力机关作用。

 

Over the past year, under the firm leadership of the Central Committee of the Communist Party of China with Comrade Xi Jinping at its core, the NPC Standing Committee has comprehensively implemented the guidelines from the 18th National Party Congress and those of the third through sixth plenary sessions of the 18th Party Central Committee; followed the guidance of Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development; and carefully studied and put into practice the principles from General Secretary Xi Jinping’s major addresses and his new vision, thinking, and strategies for the governance of China. We have upheld our commitment to integrating leadership by the Party, the position of the people as masters of the country, and law-based governance, and have exercised the functions and powers granted to us by the Constitution and other laws and worked hard in our role as the country’s highest organ of state power, focusing closely on the overall plan for balanced economic, political, cultural, social, and ecological progress, on the coordinated advancement of the Four-Pronged Comprehensive Strategy,1 and on the implementation of the new development philosophy.

 

坚持中国共产党的领导,是党和国家的根本所在、命脉所在,是全国各族人民的利益所在、幸福所在。党的十八届六中全会正式确立习近平总书记为党中央的核心、全党的核心,反映了全党全军全国各族人民的共同心愿。全国人大常委会牢固树立政治意识、大局意识、核心意识、看齐意识,自觉在思想上政治上行动上同以习近平同志为核心的党中央保持高度一致,坚持党中央集中统一领导,坚决维护党中央权威,保证党的路线方针政策和党中央决策部署在人大工作中得到贯彻和执行。

 

Upholding leadership by the Party is the foundation and lifeblood of both the Party and the country and affects the interests and wellbeing of all the people of China. At its Sixth Plenary Session, the 18th Party Central Committee formally affirmed that General Secretary Xi Jinping is at the core of the Central Committee and of the entire Party, reflecting the will of all members of the Party, all members of the armed forces, and all the people of China. We have built a keen awareness of the need to maintain political integrity, think in big-picture terms, uphold the leadership core, and keep in alignment; closely followed the Party Central Committee with Comrade Xi Jinping at its core in terms of thinking, political stand, and action; upheld the centralized, unified leadership of the Central Committee and resolutely safeguarded its authority; and worked to see that the line, principles, and policies of the Party as well as the decisions and plans of the Party Central Committee are carried out in the NPC’s work.

 

十二届全国人大四次会议以来,常委会制定8部法律,修改27部法律,通过7个有关法律问题的决定决议,作出1个法律解释,决定将1件法律草案、3件有关法律问题的决定草案提请全国人民代表大会审议,立法工作继续呈现数量多、分量重、节奏快的特点,立法质量进一步提高;检查6部法律的实施情况,听取审议国务院、最高人民法院、最高人民检察院20个工作报告,通过2个决议,开展3次专题询问和5项专题调研,监督工作在实践中不断完善,针对性和实效性进一步增强;审议通过专门委员会关于代表议案审议结果的报告8个、代表资格审查委员会关于个别代表的代表资格的报告7个,决定批准我国与外国缔结的条约、协定以及加入的国际公约7件,决定和批准任免一批国家机关工作人员,人大各项工作在以往基础上又取得新进展新成效。

 

Since the Fourth Session of the 12th NPC, the Standing Committee has enacted 8 laws, revised 27 laws, passed 7 decisions or resolutions on legal issues, issued 1 legal interpretation, and resolved to present the draft of 1 law and 3 draft decisions on legal issues to this session of the NPC for deliberation. Our legislative work has continued to be characterized by the great number, importance, and pace of activities, and we have further improved the quality of the NPC’s legislative work.

 

We inspected compliance with 6 laws; heard and deliberated 20 work reports from the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate; passed 2 resolutions; and conducted 3 special inquiries and 5 research projects. Through these activities, we have achieved continuous progress in the NPC’s oversight work, making it more targeted and effective.

 

We deliberated and approved 8 reports from the NPC’s special committees regarding their examination of deputies’ proposals, as well as 7 reports from the Credentials Committee pertaining to its review of certain deputies’ qualifications. We ratified 3 treaties and agreements concluded between China and foreign countries as well as China’s accession to 4 international conventions, and made decisions on or gave approval to the appointment or removal of a number of officials of state bodies. New advances and achievements have been made in every area of the NPC’s work.

一、着力推进重点领域立法、提高立法质量

1. We worked hard to advance legislation in key areas and improve the quality of legislation.

 

立法是全面依法治国的前提和基础。常委会坚持立法先行,紧紧抓住事关改革发展稳定的重大立法项目,紧紧抓住提高立法质量这个关键,一批重要法律相继出台。

 

Effective legislation is a prerequisite and foundation for China’s law-based governance. Continuing to make legislation our top priority, we focused on major legislative items important to China’s reform, development, and stability, gave great attention to the key task of raising the quality of our legislation, and enacted a number of important laws.

 

(一)构建国家安全法律制度体系取得重要进展。国家安全是安邦定国的基石。常委会贯彻落实总体国家安全观,坚持从国情和实际出发,保持政治定力,把握立法时机,加快国家安全法治建设。继2014年、2015年出台反间谍法、国家安全法、反恐怖主义法之后,2016年又审议通过境外非政府组织境内活动管理法、网络安全法、国防交通法,审议了国家情报法、核安全法草案等。

 

1) Major progress was made in developing the system of national security laws.

 

National security is the foundation of a stable country. Putting into effect the integrative national security concept and giving central consideration to China’s conditions and realities, we maintained our political resolve, acted when the time was right for legislation, and worked faster to develop the system of laws related to national security. Following the enactment of the Counter-Espionage Law in 2014 and the National Security Law and the Anti-Terrorism Law in 2015, last year we deliberated and passed the Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China, the Cybersecurity Law, and the Law on National Defense Transportation, and deliberated the drafts of an intelligence law and a nuclear safety law.

 

境外非政府组织境内活动管理法将境外非政府组织在中国境内的活动和管理纳入法治轨道,既有利于保护其合法权益,促进正常交流与合作,也有利于依法加强监管,维护国家安全和社会公共利益。网络安全法是网络安全领域的基础性法律。这部法律正确处理网络空间自由和秩序、安全和发展、自主和开放的关系,遵循积极利用、科学发展、依法管理、确保安全的方针,确立了网络安全的各方面基本管理制度。国防交通法是本届全国人大常委会审议通过的第一部国防军事方面的法律,立法目的是促进交通领域军民深度融合发展,提高国防交通平时服务、急时应急、战时应战的能力,更好地服务国家安全和发展战略全局。

 

The Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China brings the administration of activities of overseas NGOs in the mainland of China into line with the rule of law. It will help to protect their legitimate rights and interests and promote exchange and cooperation, while also helping to strengthen China’s law-based oversight and regulation and safeguard China’s national security and public interests.

 

The Cybersecurity Law is a fundamental law in the field of cyber security. The law establishes basic regulatory systems for all areas of cyber security that ensure the effective utilization, sound development, law-based regulation, and improved security of cyberspace and establish the right balance between freedom and order, security and development, and national governance and international cooperation.

 

The Law on National Defense Transportation is the first piece of legislation pertaining to national defense deliberated and adopted by this Standing Committee. The purpose of this law is to facilitate closer military-civilian integration in the field of transportation and improve the capabilities of national defense transportation to serve in times of peace, respond to emergencies, and meet challenges in times of war, thus better serving the country’s overall strategy for national security and development.

 

(二)扎实推进民法总则制定工作。编纂民法典是党的十八届四中全会提出的重要立法任务,是推进全面依法治国、完善中国特色社会主义法律体系的重大举措。新中国成立后,我国曾于1954年、1962年、1979年、2001年先后4次启动民法制定工作,前两次由于各种原因而未能取得实际成果;后两次经认真研究,决定按照“成熟一个通过一个”的工作思路,先分别制定民事单行法律,条件成熟时再编纂民法典。适应改革开放和发展社会主义市场经济的需要,我国制定了民法通则,并先后出台继承法、收养法、担保法、合同法、物权法、侵权责任法等一系列民事单行法律。现在,编纂民法典的条件已经具备。常委会研究提出民法典编纂“两步走”的工作思路:第一步,编纂民法典总则编,也就是制定民法总则;第二步,在民法总则出台后,进行民法典各分编的编纂工作,争取2020年形成统一的民法典。

 

2) Steady progress was made in developing the General Provisions of Civil Law.

 

The development of a civil code was an important legislative task proposed at the Fourth Plenary Session of the 18th Party Central Committee, and is a move of enormous importance for fully advancing China’s law-based governance and improving the socialist system of laws with Chinese characteristics. After the founding of the People’s Republic of China in 1949, the NPC worked on developing civil law in 1954, 1962, 1979, and 2001, but for a number of reasons efforts in 1954 and 1962 failed to produce real results. The work in 1979 and 2001, through careful consideration, led to the adoption of an incremental approach, whereby individual civil laws were to be formulated first and the civil code was to be developed later when the conditions were right to do so. To meet the needs of promoting reform and opening up and developing the socialist market economy, China formulated the General Principles of Civil Law, and introduced a series of civil laws such as the Inheritance Law, the Adoption Law, the Guarantee Law, the Contract Law, the Property Law, and the Tort Law. Now the conditions are all in place for compiling a civil code. The Standing Committee has decided to adopt a two-step approach to develop the civil code: first, developing the general part of the civil code, or the General Provisions of Civil Law; and second, following the enactment of the General Provisions of Civil Law, compiling the individual books of the civil code, striving to form a complete civil code by 2020.

 

民法总则规定民法的基本原则和一般规则,在民法典中起统率性、纲领性作用。常委会以高度的责任感和使命感,全力以赴做好民法总则制定工作,先后3次审议法律草案,并通过中国人大网3次向社会公开征求意见。经过认真审议和反复修改,决定提请本次会议审议。相信经过全体代表的共同努力,一定能够制定出一部经得起历史和人民检验、有中国特色的民法总则,为编纂民法典打下坚实基础。

 

The General Provisions of Civil Law lays out the basic principles and general rules of civil law, and is the leading part of the civil code. The Standing Committee has worked with a strong sense of responsibility and mission to do its utmost to formulate the General Provisions of Civil Law, carrying out three readings to deliberate the draft legislation, and making three open requests for public comments through the NPC’s website (www.npc.gov.cn). After careful deliberation and repeated revisions, we have decided to submit the draft of the General Provisions of Civil Law to this session for deliberation. We believe that with the concerted efforts of all deputies, we will be able to make this a piece of legislation that stands the test of time and meets the expectations of the people, and that is characteristically Chinese, thus laying a solid foundation for the civil code.

 

(三)加强文化、社会、环境保护等方面立法。针对我国文化领域立法工作相对滞后的情况,常委会大力加强文化法律制度建设,2016年审议通过两部重要法律。公共文化服务保障法明确政府在公共文化服务工作中的职责,确立公共文化服务的基本原则和保障制度等。电影产业促进法规范电影创作、摄制、发行、放映等活动,加大对电影产业的支持和保障力度。这两部法律,对于保障人民基本文化权益,丰富人民群众精神文化生活,弘扬社会主义核心价值观,必将发挥重要作用。

 

3) Legislation concerning cultural, social, environmental, and other issues was strengthened.

 

Seeing that China’s legislative work in the cultural sector was lagging behind, last year, we strengthened the system of laws on culture by deliberating and passing two important laws related to this sector. The Law on Guaranteeing Public Cultural Services clarifies the duties and responsibilities of the government in the provision of public cultural services, and establishes basic principles and mechanisms for guaranteeing provision. The Film Industry Promotion Law regulates the scripting, filming, release, and showing of films and provides greater support and security for the film industry. These two laws will play a significant role in safeguarding the people’s basic cultural rights and interests, enriching their intellectual and cultural life, and promoting core socialist values.

 

中医药是中华民族的瑰宝。常委会审议通过的中医药法明确规定,中医药是包括汉族和少数民族医药在内的我国各民族医药的统称,国家大力发展中医药事业,实行中西医并重的方针,建立符合中医药特点的管理制度,充分发挥中医药在我国医药卫生事业中的作用。

 

Traditional Chinese medicine is a national treasure. The Law on Traditional Chinese Medicine passed after deliberation by the Standing Committee clearly stipulates: traditional Chinese medicine is the general designation for the traditional medicine of the Han and of ethnic minorities of China. The state shall work hard to develop traditional Chinese medicine, follow the principle of attaching equal importance to traditional Chinese medicine and Western medicine, and put in place a regulatory system suitable to the unique features of traditional Chinese medicine, thereby giving full play to its role in China’s health care services.

 

按照党中央关于“推动环境保护费改税”、“落实税收法定原则”的改革精神,常委会审议通过环境保护税法。这是本届全国人大常委会审议通过的第一部税收法律,对于充分发挥税收在控制和减少污染物排放、保护和改善生态环境方面的积极作用,具有重要意义。

 

In keeping with the decisions on reform made by the Party Central Committee related to replacing environmental protection fees with a tax and ensuring law-based taxation, we deliberated and passed the Environmental Protection Tax Law. This is the first tax law deliberated and approved by this Standing Committee; it is of great importance in giving full play to the role of taxation in helping to control and reduce emissions and protect and improve ecosystems and the environment.

 

常委会还制定了资产评估法,修改了民办教育促进法、野生动物保护法、海洋环境保护法、红十字会法、企业所得税法等。

 

We also enacted the Asset Appraisal Law and revised laws including the Law on the Promotion of Privately-Run Schools, the Wildlife Protection Law, the Marine Environment Protection Law, the Law on the Red Cross Society, and the Law on Corporate Income Tax.

 

(四)完善立法工作机制和方式方法。一是出台《关于建立健全全国人大专门委员会、常委会工作机构组织起草重要法律草案制度的实施意见》。常委会过去一年审议的法律案中,有10件是由有关专门委员会和常委会工作机构牵头起草的。二是健全法律草案征求代表意见制度,邀请代表参与立法调研、论证、审议、评估等工作,认真听取和采纳代表的意见建议,更好发挥代表在立法工作中的作用。三是制定《立法项目征集和论证工作规范》,推进立法工作规范化、制度化建设。四是完善基层立法联系点制度,先后就7部法律草案8次组织听取基层干部群众意见,立法工作更加接地气、察民情。我们还召开全国地方立法研讨会,加强对地方立法特别是设区的市立法工作的指导。全国新赋予地方立法权的273个市、自治州中,已有269个经批准开始制定地方性法规。

 

4) Legislative mechanisms and methods were refined.

 

First, we published the guidelines on establishing sound systems under which special committees of the NPC and working bodies of the NPC Standing Committee organize the drafting of important laws. Of all the legislative items deliberated by the Standing Committee this past year, the drafting for 10 items was led by relevant special committees of the NPC and working bodies of the Standing Committee.

 

Second, we improved the mechanisms for soliciting the opinions of deputies on the drafts of laws and invited them to participate in the research, debate, deliberation, and assessment process so as to ensure their comments and suggestions can be effectively heard and adopted. These efforts have enabled deputies to play a bigger role in the NPC’s legislative work.

 

Third, we formulated the Procedures for Collecting and Discussing Legislative Items, making progress in efforts to better standardize and institutionalize legislative work.

 

Fourth, we improved the system for staying connected with local communities on legislative matters, and on eight occasions organized activities to solicit comments on seven draft laws from the general public and officials at the community level. This ensured that legislative work was carried out in close connection with the people and was better able to reflect public sentiment.

 

We held a national symposium on local legislation to guide local legislative work, especially the legislative work of cities with subsidiary districts. Of the 273 cities and autonomous prefectures newly granted local legislative powers by the revised Legislation Law, 269 have, with approval from provincial-level people’s congresses, already begun to formulate local regulations.

二、依法对若干重大问题作出决定

2. We worked in accordance with the law to issue decisions on a number of major issues.

 

人大工作是党和国家工作的重要组成部分。常委会坚持从政治上把握、在大局下行动,大事要事敢于担当、善于作为,确保党的主张通过法定程序成为国家意志。

 

The work of the NPC is an important part of the work of the Party and the country. We have upheld our commitment to the right political direction and to working with the big picture in mind. When faced with major issues and important matters, we demonstrated the courage to take on responsibility and the ability to fulfill duties, ensuring that the Party’s propositions are turned into the will of the state through statutory procedures.

 

(一)及时妥善处理辽宁拉票贿选案的有关问题,坚决维护人民代表大会制度的权威和尊严。辽宁拉票贿选案是新中国成立以来查处的第一起发生在省级层面、严重违反党纪国法、严重破坏党内选举制度和人大选举制度的重大案件。按照有关法律规定,涉案的辽宁省人大代表的代表资格终止后,其中的省人大常委会组成人员的职务依法相应终止。辽宁省人大常委会因组成人员已不足半数,无法召开常委会会议履行职责。为及时妥善处理这一从未遇到过的特殊问题,全国人大常委会根据宪法精神和有关法律原则作出创制性安排。2016年9月13日,临时召开常委会第二十三次会议,审议通过了全国人大常委会代表资格审查委员会的报告,依法确定辽宁省45名拉票贿选的全国人大代表当选无效;审议通过了关于成立辽宁省第十二届人民代表大会第七次会议筹备组的决定,决定由筹备组代行辽宁省人大常委会部分职权,负责筹备辽宁省十二届人大七次会议的相关事宜。依纪依法查处辽宁拉票贿选案,充分体现了党中央全面依法治国、全面从严治党的鲜明态度和坚定决心,决不允许以任何形式破坏社会主义民主法治。

 

1) We promptly and appropriately dealt with problems related to the case of election bribery in Liaoning Province, working resolutely to uphold the authority and sanctity of the system of people’s congresses.

 

The voting bribery case in Liaoning Province was the first major case of its kind to have occurred at the provincial level since the founding of the People’s Republic of China. The perpetrators seriously violated Party discipline, state laws, and the requirements of the intra-Party electoral system and the electoral system of the people’s congresses. After the deputies to the Liaoning Provincial People’s Congress involved in the case had their qualifications revoked in accordance with relevant laws, those who were members of the Standing Committee of the Liaoning Provincial People’s Congress were removed from their positions in accordance with the law. The Standing Committee of the Liaoning Provincial People’s Congress, having had over half of its members removed, was unable to convene meetings and carry out its duties. In order to promptly and appropriately resolve this unprecedented and exceptional issue, the NPC Standing Committee acted on the basis of the Constitution and relevant legal principles to make creative institutional arrangements. At the provisionally convened 23rd meeting of the NPC Standing Committee on September 13, 2016, we deliberated and approved the report of the Credentials Committee to revoke, in accordance with the law, the qualifications of 45 NPC deputies elected by the Liaoning Provincial People’s Congress for bribing voters. At the meeting, we also deliberated and approved a decision stipulating that the 12th Liaoning Provincial People’s Congress shall set up a preparatory committee to exercise certain functions and powers on behalf of its Standing Committee and shall take charge of the preparatory work for the convocation of its Seventh Session.

 

Our handling of the Liaoning case in accordance with the law and Party discipline fully reflects the Party Central Committee’s clear stand and strong resolve for advancing China’s law-based governance and ensuring strict Party self-governance. No violation of our socialist democracy or rule of law in any form shall be tolerated.

 

(二)依法对香港基本法第一百零四条作出解释,坚决反对“港独”行径。香港特别行政区是中华人民共和国不可分离的部分。“港独”的本质是分裂国家,严重违反“一国两制”方针,严重违反宪法和香港基本法。全国人大常委会行使宪法和香港基本法赋予的权力,作出关于香港基本法第一百零四条的解释,明确该条规定的“拥护中华人民共和国香港特别行政区基本法,效忠中华人民共和国香港特别行政区”,既是该条规定的宣誓必须包含的法定内容,也是参选或者出任该条所列公职的法定要求和条件;明确宣誓就职必须遵循的法定程序和内容;明确违反宣誓规定丧失就职资格的法律后果以及作出虚假宣誓或者违反誓言的法律责任。全国人大常委会主动释法,充分表明了中央贯彻“一国两制”方针的坚定决心和反对“港独”的坚定立场,充分体现了包括香港同胞在内的13亿中国人民维护国家主权、安全和发展利益的坚定意志。

 

2) We produced the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region in accordance with the law to firmly oppose any attempt at secession of Hong Kong from our country.

 

The Hong Kong Special Administrative Region is an inseparable part of the People’s Republic of China. To attempt “Hong Kong independence” is to attempt secession, a serious violation of the “one country, two systems” principle, the Constitution of China, and the Basic Law of Hong Kong. The NPC Standing Committee, exercising power entrusted to it by the Constitution and the Basic Law, produced the interpretation of Article 104 of the Basic Law of Hong Kong. The interpretation clearly establishes that, as stipulated by Article 104, to “swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China” is not only the exact phrasing that must be included in the oath prescribed by Article 104, but is also a legal requirement and condition for any person standing for election or taking up any position of public office specified in the Article. The interpretation clarifies the legal procedures that must be adhered to when taking the oath of office and the statutory content that must be included in the oath; it makes clear that anyone who violates this stipulation on oath taking is to be legally disqualified from assuming office and that any person who makes an oath insincerely or breaks their oath will be held legally responsible.

 

This interpretation fully demonstrates the Chinese central leadership’s resolve in upholding the “one country, two systems” principle and its firm stand against any attempt at secession of Hong Kong from the Chinese nation; it embodies the firm will of 1.3 billion Chinese people, including those in the Hong Kong region, to safeguard their country’s sovereignty, security, and developmental interests.

 

(三)作出关于开展国家监察体制改革试点工作的决定,为重大政治体制改革提供法治保障。深化国家监察体制改革是以习近平同志为核心的党中央作出的一项重大决策,是事关全局的重大政治体制改革,对于推进党风廉政建设和反腐败斗争,推进国家治理体系和治理能力现代化,具有重大而深远的意义。为在全国推开这项重大改革探索积累经验,党中央部署在部分地方开展试点。根据“凡属重大改革都要于法有据”的精神,委员长会议依法提出相关议案,常委会经过认真审议,作出关于在北京市、山西省、浙江省开展国家监察体制改革试点工作的决定。决定明确在试点地区设立监察委员会,行使监察职权;监察委员会由本级人大产生,对本级人大及其常委会和上一级监察委员会负责,并接受监督;监察委员会按照管理权限,对本地区所有行使公权力的公职人员依法实施监察;在试点地区暂时调整或者暂时停止适用行政监察法和刑事诉讼法、地方组织法等法律的有关规定,保证改革试点工作依法有序推进。

 

As a major policy decision made by the Party Central Committee with Comrade Xi Jinping at its core to improve the political structure, deepening reform of the national supervision system has a direct bearing on the big picture and is of immense and far-reaching significance for improving Party conduct, upholding integrity, and combating corruption and for modernizing China’s governance system and capacity for governance. In order to build up experience before advancing this major reform throughout the country, the Party Central Committee has decided to launch trials in several localities. In line with the principle that “all major reforms must have a legal basis,” the Chairperson’s Council of the NPC Standing Committee produced a proposal in accordance with the law, which was carefully deliberated by the Standing Committee and resulted in the decision to carry out trials for reforming the national supervision system in Beijing and in Shanxi and Zhejiang provinces. The decision stipulates that supervisory committees shall be established in pilot areas to exercise supervisory functions and powers; that a supervisory committee shall be created by the people’s congress at the same level, and be responsible to and overseen by the same-level people’s congress and its standing committee as well as the supervisory committee at the next level up; and that supervisory committees shall supervise the exercise of public power by all government employees in their regions in accordance with the law and within the scope of their supervisory authority. It also stipulates that the applicability of certain stipulations in the Law on Administrative Supervision, the Criminal Procedure Law, the Organic Law of the Local People’s Congresses and Local People’s Governments, and other relevant laws shall be provisionally adjusted or suspended in order to ensure law-based, orderly advancement of the pilot reform.

 

三、为相关领域改革提供法治保障

3. We provided a legal guarantee for relevant reforms.

 

常委会坚持立法和改革决策相统一、相衔接,及时修改完善涉及改革的法律,作出有关改革试点的决定,听取审议改革试点工作报告,保证改革和法治相辅相成、相互促进。

 

In working to bring legislation into line with China’s reform, we revised and improved laws related to reform in a timely manner, issued decisions on relevant pilot reforms, and heard and deliberated reports on the progress of pilot reforms. We have thus been able to ensure that reform and rule of law complement and reinforce one another.

 

(一)统筹修改多部法律,持续推进行政审批制度改革。对部分法律中涉及同类事项或者同一事由需要修改的个别条款,采取一并提出法律案的方式进行统筹修改,是通过立法推动相关领域改革的重要方式之一。4年来,常委会采取统筹修法方式,审议通过了13个修法决定,涉及修改法律和有关法律问题的决定74件次。2016年审议通过关于修改节约能源法、职业病防治法等6部法律的决定,关于修改对外贸易法、海关法、煤炭法等12部法律的决定,对法律中涉及行政审批、职业资格认定等同类或者相关条款一并作出修改。

 

1) We revised multiple laws using a coordinated approach, in a continued effort to support the reform of the government review and approval system.

 

For specific articles from different laws that deal with similar issues or the same matter and need to be revised for the sake of a reform, our approach is to issue a decision for revisions to be made across laws by putting forward multiple drafts at the same time. This is an important method we adopt to promote the relevant reform through legislation. Over the past four years, using this approach, we have deliberated and approved 13 such revision decisions, revising 74 laws and decisions on legal issues. In 2016, we deliberated and adopted the decision to revise six laws at the same time, including the Energy Conservation Law and the Law on the Prevention and Control of Occupational Diseases, as well as the decision to revise 12 laws, including the Foreign Trade Law, the Customs Law, and the Coal Industry Law. We thus made consistent changes to their articles pertaining to government review and approval or verification of professional qualifications and related matters.

 

(二)依法作出授权决定,为改革先行先试提供依据。常委会作出授权最高人民法院、最高人民检察院在部分地区开展刑事案件认罪认罚从宽制度试点工作的决定,确定在北京等18个城市开展试点工作。同时,总结2014年授权在上述地区开展刑事案件速裁程序试点工作的经验,将此项试点纳入认罪认罚从宽制度试点工作范围并加以扩大完善,按照新的试点办法继续试行。分别听取审议最高人民法院、最高人民检察院关于人民陪审员制度改革试点情况、关于检察机关提起公益诉讼试点情况的中期报告,要求进一步加强指导监督,全面评估试点成效,为修改完善相关法律积累经验。

 

2) We issued authorization decisions in accordance with the law to provide legal basis for pilot reforms.

 

We authorized the Supreme People’s Court and the Supreme People’s Procuratorate to pilot a system of sentence bargaining in criminal cases in 18 cities including Beijing. Meanwhile, we reviewed our experiences with the pilot project of accelerated procedures for certain criminal cases that we authorized in 2014 to be carried out in these 18 cities, and incorporated this pilot project into the pilot sentence bargaining system to expand, improve, and continue running it under the new pilot system. We heard and deliberated the mid-term report of the Supreme People’s Court on the pilot reform of the system of people’s assessors, and that of the Supreme People’s Procuratorate on the pilot reform for the filing of public interest litigation by procuratorates. We demanded that guidance and oversight be stepped up and a comprehensive evaluation of the results of these pilot reforms be made so as to accumulate experience for revising and improving relevant laws.

 

为依法推进公务员职务与职级并行制度改革试点、生育保险和基本医疗保险合并实施改革试点、军官制度改革试点等工作,常委会分别审议通过3个决定,暂时调整适用相关法律规定,保证在法治轨道上推进相关领域改革。

 

In order to ensure law-based advancement of the pilot reforms concerning a salary system for public servants based on both position and rank, incorporation of the maternity insurance into the basic medical insurance scheme, and the system of military officers, we deliberated and passed three separate decisions on making provisional adjustments to the applicability of certain stipulations in relevant laws, so as to guarantee that these pilot reforms are carried on in line with the rule of law.

 

(三)总结改革试点经验,通过修改完善法律予以复制和推广。常委会坚持在法治下推进改革、在改革中完善法治,对于需要先行先试的改革举措,依法授权开展试点工作;对于实践证明行之有效、具备复制推广条件的改革举措,及时总结修改完善相关法律。2013年和2014年,常委会先后两次作出决定,授权国务院在上海、广东、天津、福建自由贸易试验区暂时调整有关法律规定的行政审批。国务院在认真总结试点经验后提出议案,常委会对外资企业法等4部法律作出统筹修改,将自由贸易试验区试点的改革措施上升为法律,同时相应终止两个授权决定的法律效力。

 

3) We reviewed our experiences with pilot reforms and enabled the spread of applicable practices to more regions by revising and improving relevant laws.

 

We have remained committed to advancing reform on the basis of rule of law and strengthening the rule of law through reform. For reform measures that require preliminary trials, we shall authorize the necessary trials in accordance with the law; for reform measures that have proved to be effective in practice and are ready to be applied to other regions, we shall act in a timely manner to review these measures and revise and improve relevant laws accordingly. In 2013 and 2014 we issued two decisions authorizing the State Council to make provisional adjustments to items requiring government review as prescribed by certain laws in the pilot free trade zones in Shanghai, Guangdong, Tianjin, and Fujian. After considering the motion that the State Council had put forward on the basis of its thorough review of experiences gained from the trials, last year we made a coordinated effort to revise the Law on Foreign-Funded Enterprises and three other laws at the same time. We thus elevated the reform measures tested out in pilot free trade zones into provisions of law, and correspondingly terminated the two authorization decisions.

四、以人民群众普遍关心的问题为重点加强执法检查和工作监督

4. We made issues of public concern the focus of our intensified efforts to inspect compliance with laws and oversee work performance.

 

常委会认真履行宪法法律赋予的监督权,坚持问题导向,加大监督力度,创新监督方式,增强监督实效。

 

We earnestly exercised the oversight powers granted to us by the Constitution and other laws. While continuing to pursue a problem-oriented approach, we intensified our oversight work and adopted new oversight methods, thereby increasing its effectiveness.

 

(一)把加强执法检查摆在突出位置。法律的生命力在于实施,法律的权威也在于实施。常委会把保证法律严格实施作为全面推进依法治国的重要抓手,持续加强和改进执法检查工作。4年来共开展20次执法检查。2016年检查了食品安全法、安全生产法、道路交通安全法、环境保护法、水法、促进科技成果转化法等6部法律的实施情况。

 

1) We made strengthening law compliance inspections a top priority.

 

The vitality and authority of the law lie in its implementation. In taking the strict implementation of laws as a key task in advancing the law-based governance of China, we continued to strengthen and improve inspections of compliance with laws. Over the past four years, we have carried out a total of 20 inspections. In 2016, we inspected compliance with six laws, namely, the Food Safety Law, the Law on Workplace Safety, the Road Traffic Safety Law, the Environmental Protection Law, the Water Law, and the Law on Promoting the Application of Scientific and Technological Advances.

 

在实践中,常委会不断深化对执法检查工作规律的认识,探索形成了包括6个环节的执法检查工作流程。一是选好执法检查题目,重点抓住经济社会发展中亟需解决、人民群众普遍关心的突出问题,检查相关法律的实施情况。二是搞好执法检查组织工作,由委员长、副委员长担任执法检查组组长,带队赴地方开展检查;坚持常委会直接检查与委托地方人大开展检查相结合,扩大执法检查的覆盖面;注重深入基层了解实际情况,把问题找准、把症结查清。三是全面报告执法检查情况,提出务实有效的建议,使执法检查报告成为解决问题、完善制度的重要依据。四是认真进行审议,常委会组成人员充分发表意见、集思广益;同时选择部分执法检查项目,结合审议开展专题询问,国务院及其有关部门负责同志到会听取意见、回答询问。五是推动改进实际工作,督促“一府两院”认真研究处理常委会执法检查报告和审议意见,切实解决突出矛盾和问题;有关专门委员会进行跟踪监督。六是要求“一府两院”报告整改落实情况,常委会根据实际情况安排进行审议。这6个环节形成对法律实施情况的“全链条”监督工作流程,切实增强了人大监督工作的系统性、针对性和有效性。

 

Through practice, we have continuously deepened our understanding of the patterns that underpin the work of inspecting compliance with laws, and have developed a procedure for this work, which consists of the following six steps:

 

First, the subject of the inspection is determined. Inspections will focus on laws related to issues of pressing importance for economic and social development and of common concern among the people.

 

Second, inspection is well organized. I, as Chairman, and the vice chairpersons of the Standing Committee lead inspection groups in inspecting law compliance in various localities. We make use of both inspections by the Standing Committee and inspections by local people’s congresses entrusted by us, so as to expand the coverage of inspection. We emphasize the importance of visiting the community level to see real conditions there, so as to ensure problems are accurately identified.

 

Third, a comprehensive report detailing inspection results is produced. The report should contain practical and effective suggestions and serve as an important basis on which problems can be addressed and relevant systems improved.

 

Fourth, thorough deliberation on the inspection report is carried out. Members of the Standing Committee fully express their opinions and pool their knowledge. If necessary, a special inquiry is organized based on the deliberation, with leading officials from the State Council and its relevant departments in attendance to hear comments and answer questions.

 

Fifth, impetus is provided to the improvement of actual work. We urge the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate to carefully examine and handle our inspection and deliberation results and adopt effective measures to resolve pronounced problems, with relevant special committees of the NPC exercising follow-up oversight.

 

Sixth, the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate are required to report on their rectification work. We then make arrangements for deliberating their reports in view of actual conditions.

 

These six steps form a complete process for carrying out oversight on the implementation of laws, enabling our oversight work to become more systematic, targeted, and effective.

 

(二)着力提升人民群众生产生活安全感。常委会对公共安全领域的3部法律开展执法检查并进行专题询问,推动各级政府牢固树立和贯彻落实以人为本、安全发展理念,努力让人民群众吃得安全、出行安全、工作安全。

 

2) We helped ensure the people’s safety in life and work.

 

We inspected compliance with three laws in the field of public safety and carried out special inquiries on them. We urged governments at all levels to affirm and practice the principle of putting people first and pursuing safe development, and to work hard to guarantee food, transportation, and workplace safety.

 

民以食为天,食以安为先。常委会贯彻落实习近平总书记提出的“坚持最严谨的标准、最严格的监管、最严厉的处罚、最严肃的问责”的要求,在全国范围内检查食品安全法实施情况,涉及“从农田到餐桌”的各个环节,突出食用农产品、婴幼儿配方乳粉等重点领域和幼儿园、学校等集中用餐单位,抓住食品安全监管中的薄弱环节和小作坊小摊贩、网络订餐中的突出问题,就确保人民群众“舌尖上的安全”认真负责地提出意见建议。国务院高度重视,制定《“十三五”国家食品安全规划》。各地方积极加强监管体制和能力建设,严厉整治食品生产经营突出问题。食品药品监管部门查处违法违规案件10.6万件,公安部门破获食品安全犯罪案件8300余起。18个省(区、市)就规范食品生产加工小作坊小摊贩制定或修改了地方性法规和政府规章。

 

Food is the most basic necessity of the people, and safety must be the top priority in food production. Putting into practice General Secretary Xi Jinping’s requirements of applying the strictest possible standards, oversight, punishment, and accountability to ensure food safety, we inspected compliance with the Food Safety Law nationwide, covering every step from farm to table. Special attention was given to key areas such as edible agricultural products and infant formula, to places where groups of people eat together such as kindergartens and schools, to weak links in food safety oversight and supervision, and to prominent problems in the regulation of food vendors, small-scale food production sites, and online food ordering. On the basis of the inspection, we put forward responsible suggestions and comments to help ensure that every bite of food is safe. Giving earnest consideration to our comments and suggestions, the State Council developed the National Plan for the 13th Five-Year Plan Period for Food Safety. Local authorities also acted promptly to strengthen their oversight institutions and capability for ensuring food safety, and adopted strong measures to tackle prominent problems in food production and sale. Food and drug supervisory and regulatory authorities investigated and handled 106,000 violations of laws or regulations. Public security agencies uncovered more than 8,300 food safety offences. A total of 18 provincial-level governments introduced new, or revised existing, local statutes and regulations to better regulate food production and processing by small producers and vendors.

 

在安全生产法执法检查中,执法检查组深入矿山井下、生产车间、建筑工地,听取一线员工意见,强调发展决不能以牺牲安全为代价,要求有关方面强化和落实生产经营单位的主体责任,依法严惩安全生产违法违规行为,深化重点行业领域专项治理。在道路交通安全法执法检查中,针对货车非法改装、超限超载,电动自行车普遍超标,农村道路交通安全设施不足等突出问题,执法检查组通过暗查暗访、实地体验、问卷调查等多种形式深入了解情况,要求严格道路交通安全执法监管,严肃整治违法生产、销售、使用车辆行为。在专题询问中,常委会组成人员同国务院及其有关部门负责人面对面交流,探究问题根源,共商改进举措,确保人民群众生产生活安全。

 

When inspecting compliance with the Law on Workplace Safety, inspection groups entered mines, factory workshops, and construction sites, so as to hear firsthand what the people in the field had to say and stress the importance of never sacrificing safety for the sake of development. Based on what we learned from the inspection, we urged relevant authorities to ensure production and operations entities have fulfilled their primary responsibilities, impose in accordance with the law stringent punishments for violations of workplace safety laws or regulations, and intensify focused efforts to tackle problems in key industries and sectors.

 

When inspecting compliance with the Road Traffic Safety Law, we targeted prominent issues such as trucks being illegally modified or carrying oversized and overweight loads, electric bikes exceeding stipulated standards, and deficiencies in traffic safety facilities on rural roads. Inspection groups acquired an in-depth understanding of the situation through a variety of methods such as unannounced visits and investigations, field surveys, and questionnaires. We required that supervision and oversight over the enforcement of the law be strengthened and serious measures be taken to stop illegal production, sale, and use of vehicles.

 

During the special inquiries that followed the law compliance inspections, members of the Standing Committee had face-to-face discussions with leading officials of the State Council and its relevant departments to get to the root of the problems and discuss measures for improvement so as to ensure people’s safety in life and work.

 

(三)积极推动改善和保护生态环境。常委会积极回应人民群众对良好生态环境的热切期待,2014年全面修订环境保护法,2016年又检查这部法律实施情况并开展专题询问,首次听取审议国务院关于年度环境状况和环境保护目标完成情况的报告。要求有关方面全面贯彻实施环境保护法律制度,着力解决人民群众反映强烈的大气、水、土壤等方面的突出环境问题,让老百姓切实感受到环境质量的改善;督促地方各级政府依法向本级人大及其常委会报告年度环境状况和环境保护目标完成情况,自觉接受人大和人民群众监督。

 

3) We gave impetus to ecological and environmental conservation and improvements.

 

In actively responding to the people’s earnest expectation for a good environment, in 2014 we comprehensively revised the Environmental Protection Law; in 2016, we inspected compliance with this law and held a special inquiry following the inspection, and for the first time, heard and deliberated the State Council’s report on the state of the environment and the fulfillment of environmental protection targets. We required relevant authorities to ensure full enforcement of environmental protection laws and regulations and put great effort into addressing the environmental problems which are of great concern to the people, such as air, water, and soil pollution, so that the people can really feel improvements in the environment. We urged local governments at all levels to make annual reports on the state of the environment and the fulfillment of their environmental protection targets to people’s congresses at the same level and their standing committees in accordance with the law, and to willingly accept oversight by people’s congresses and the public.

 

绿水青山就是金山银山。常委会检查水法实施情况,开展水污染防治法专题调研,听取审议国务院关于自然保护区建设和管理工作情况的报告,要求落实最严格的水资源管理制度,加强水生态保护和水环境治理,推进水资源可持续利用,加快自然生态系统保护和修复工作,努力实现青山常在、绿水长流。

 

Lush mountains and lucid waters are as valuable as gold and silver. We inspected compliance with the Water Law, carried out research investigations on the implementation of the Law on the Prevention and Control of Water Pollution, and heard and deliberated the State Council’s report on the establishment and management of nature reserves. We required that the strictest possible management system for water resources be put into action, the protection of water ecosystems and management of water environments be strengthened, sustainable use of water resources be guaranteed, and efforts to protect and restore natural ecosystems be accelerated, so that we can forever keep our mountains green and our waters clear.

 

(四)促进经济社会平稳健康发展。常委会紧紧围绕党中央关于经济工作的重大决策部署,加强经济工作监督和预算决算审查监督。听取审议国务院关于计划执行情况报告以及国有资产管理与体制改革情况、农林科技创新工作情况等报告,检查促进科技成果转化法的实施情况。强调要积极适应把握引领经济发展新常态,坚定推进供给侧结构性改革,做好“三去一降一补”工作,大力实施创新驱动发展战略,加快实现新旧发展动能转换,切实防范和化解风险,确保实现“十三五”良好开局。

 

4) We helped to ensure steady and sound economic and social development.

 

We kept firmly in mind the Party Central Committee’s major decisions and plans on economic work, as we worked to strengthen oversight of economic work as well as review and oversight of government budgets and final accounts. We heard and deliberated the State Council’s reports on the implementation of the plan for national economic and social development, on the management of state-owned assets and reform of their management system, and on scientific and technological innovation in agriculture and forestry. We inspected the implementation of the Law on Promoting the Application of Scientific and Technological Advances. We emphasized that the government should adapt to, approach in the right way, and steer the new normal in economic development; press ahead with supply-side structural reform; ensure substantive progress in cutting overcapacity, reducing excess inventory, deleveraging, lowering costs, and strengthening areas of weakness; put great effort into pursuing innovation-driven development; work quickly to replace old drivers of growth with new ones; effectively guard against and defuse risks; and ensure a good start to the 13th Five-Year Plan.

 

常委会听取审议中央决算报告、审计工作报告、预算执行情况报告,审查批准2015年中央决算、2016年中央预算调整方案,听取审议关于审计查出问题整改情况报告、深化财政转移支付制度改革情况报告。要求落实好积极财政政策,加快推进财税体制改革和相关立法工作,规范预算决算编制和管理,提高财政转移支付绩效和透明度,加强地方政府债务管理。制定《关于建立预算审查前听取人大代表和社会各界意见建议的机制的意见》,拓宽代表和公众对预算审查工作的参与。

 

We heard and deliberated the State Council’s reports on the final accounts of the central government, on budget implementation, and on auditing work, and examined and approved the 2015 central government final accounts and the revision of the 2016 central government budget. We heard and deliberated the State Council’s reports on the rectification of problems discovered in auditing and on the progress achieved in deepening reform of the system of transfer payments. We required that the proactive fiscal policy be well implemented, reform of fiscal and tax systems and relevant legislative initiatives be accelerated, the compilation and management of budgets and final accounts be put under standard procedures, the effectiveness and transparency of transfer payments be raised, and management of local government debt be strengthened. To see greater participation of deputies and the public in the work of budget review, we formulated the guidelines on establishing a mechanism for soliciting opinions from deputies and people from all sectors of society before government budgets are reviewed.

 

常委会还听取审议了高等教育改革与发展工作情况的报告、出境入境管理法执行情况的报告,开展民族区域自治法配套法规制定和实施情况等专题调研。

 

We also heard and deliberated the State Council’s reports on the progress of the reform and development of higher education and on the enforcement of the Law on Entry and Exit Administration. We conducted research on the development and implementation of supporting rules and regulations for the Law on Regional Ethnic Autonomy.

 

(五)大力弘扬宪法精神。常委会全面贯彻实施宪法宣誓制度,依法组织6次宪法宣誓仪式,25名国家工作人员在就职时公开进行宪法宣誓,彰显了宪法尊严和权威。在第三个国家宪法日到来之际,习近平总书记对“五四宪法”历史资料陈列馆作出重要指示,强调开展宪法宣传教育是全面依法治国的重要任务。常委会办公厅会同中央有关部门和浙江省人大常委会在杭州举办国家宪法日座谈会,推动学习宣传宪法、贯彻实施宪法。

 

5) We worked hard to promote the spirit of the Constitution.

 

We comprehensively implemented the system of pledging allegiance to the Constitution. We organized, in accordance with the law, six ceremonies for 25 officials to publicly pledge allegiance to the Constitution when they took office, demonstrating the sanctity and authority of the Constitution. On the occasion of the third National Constitution Day, and the opening of a history exhibition hall for the 1954 Constitution in Hangzhou, General Secretary Xi Jinping gave important instructions, stressing that raising public awareness of the Constitution is an important task in advancing the law-based governance of China. The General Office of the NPC Standing Committee, together with relevant departments of the central authorities and the Standing Committee of the Zhejiang Provincial People’s Congress, organized a National Constitution Day seminar in Hangzhou to spread knowledge of the Constitution and promote its implementation.

 

常委会听取审议国务院关于“六五”普法决议执行情况的报告,作出关于开展第七个五年法治宣传教育的决议,要求深入学习宣传习近平总书记关于全面依法治国的重要论述,抓住领导干部这个“关键少数”,促进国家工作人员和全社会尊法学法守法用法,树立宪法法律权威。

 

We heard and deliberated the State Council’s report on the implementation of the resolution on the sixth five-year initiative to popularize knowledge of the law, and adopted a resolution on launching the seventh five-year initiative to raise public awareness of the rule of law. We required that great effort be made to understand and communicate General Secretary Xi Jinping’s major expositions on comprehensively advancing the law-based governance of China, give play to the role of the “critical minority” consisting of leading officials in promoting the practice of respecting, studying, abiding by, and applying the law throughout society and particularly among public servants, and affirm the authority of the Constitution and other laws.

 

常委会高度重视促进司法公正,听取审议最高人民法院关于深化司法公开情况的报告、最高人民检察院关于加强侦查监督情况的报告,积极推动深化司法体制改革,强化司法公开,规范司法行为,提高司法公信力。

 

Attaching great importance to ensuring judicial impartiality, we heard and deliberated the report of the Supreme People’s Court on enhancing judicial openness and the report of the Supreme People’s Procuratorate on strengthening oversight of investigative activities. We helped improve judicial credibility through our efforts to promote deepened reform of the judicial system, increase judicial openness, and standardize judicial behavior.

 

研究制定规范性文件备案审查工作规程,推动备案审查工作规范化、制度化。一年来,对 “一府两院” 报备的30多件行政法规、司法解释逐件进行审查,研究处理各方面提出的审查建议92件,对发现的与法律不一致的问题进行监督纠正,维护国家法制统一。

 

We formulated the procedures for recording and reviewing normative documents to standardize and institutionalize this work. Over the past year, we reviewed every one of the 30-plus administrative regulations and judicial interpretations submitted by the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, handling 92 suggestions on the review work from various departments. We conducted oversight to ensure correction of provisions discovered to be inconsistent with the law, so as to safeguard the unity of the country’s legal system.

五、支持和保障人大代表发挥主体作用

5. We worked to see that deputies to the NPC fully played their principal role.

 

常委会把充分发挥代表作用作为增强人大工作活力的重要抓手,不断深化和拓展代表工作。

 

We regarded giving full play to the role of deputies as an important measure for boosting the vitality of the NPC’s work, and have continued to deepen and expand our work related to deputies.

 

(一)密切常委会同代表、代表同人民群众的联系。贯彻落实委员长会议组成人员、常委会委员联系代表工作意见,加强常委会同代表的联系。实现代表列席常委会会议、参加执法检查、参与专门委员会和工作委员会活动常态化。4年来,共邀请代表1270多人次列席常委会会议、1200多人次参加执法检查等活动。推动“一府两院”加强同代表的联系,2016年国务院及其有关部门邀请代表1700余人次参加调研、座谈,最高人民法院、最高人民检察院组织600多名代表参加调研活动。出台《关于完善人大代表联系人民群众制度的实施意见》,推动建立代表联系人民群众的工作平台和网络平台,健全代表反映人民群众意见和要求的处理反馈机制。

 

1) We worked to see better communication between the Standing Committee and deputies and between deputies and the people.

 

We implemented the guidelines for ensuring members of the Chairperson’s Council and members of the Standing Committee maintain close contact with NPC deputies. This has helped us to strengthen our ties with deputies. We made it a regular practice for deputies to observe Standing Committee meetings, participate in law compliance inspections, and join the activities of special committees of the NPC and working committees of the Standing Committee. Over the past four years, we saw a cumulative deputy attendance of over 1,270 at Standing Committee meetings in a nonvoting capacity, as well as an attendance of over 1,200 in law compliance inspections and other activities. We urged the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate to strengthen their contact with deputies. In 2016, the State Council and its relevant departments invited over 1,700 deputy participants in their research activities and discussions, and the Supreme People’s Court and the Supreme People’s Procuratorate involved over 600 deputies in their research projects. We issued the guidelines on improving the system by which deputies to people’s congresses maintain contact with the people. For this purpose, we advanced the development of venues and online platforms enabling deputies to develop closer ties with the public, and improved the mechanism for relevant government departments to process and give feedback on the proposals and requests of the public passed on to them by deputies.

 

(二)增强代表议案审议和建议办理实效。十二届全国人大四次会议主席团交付有关专门委员会审议的462件代表议案,已全部完成审议工作。其中,32件议案涉及的10个立法项目,已经常委会通过;26件议案涉及的7个立法项目,已提请常委会审议;123件议案涉及的42个立法项目,已列入立法计划或立法规划。代表提出的8609件建议、批评和意见已全部办理完毕,建议所提问题得到解决或者计划逐步解决的占80.6%。“一府两院”和有关方面高度重视代表建议办理工作,常委会办公厅和有关专门委员会认真协调督办。国务院常务会议多次听取办理人大代表建议情况的汇报,要求把建议办理作为常态化年度重点任务,加强与代表沟通,及时回应关切,更好接受监督,推进科学决策。代表提出的意见建议,在有关部门制定政策、开展工作中得到认真研究和采纳。

 

2) We improved our efficiency in examining deputies’ proposals and ensuring handling of their suggestions.

 

Relevant special committees completed their examination of all 462 proposals referred to them by the Presidium of the Fourth Session of the 12th NPC. Of these, we have adopted 10 legislative items addressed in 32 of the submitted proposals; are deliberating 7 legislative items addressed in 26 of the proposals; and have included 42 legislative items discussed in 123 of the proposals in our annual legislative plan or five-year legislative program. All 8,609 suggestions, criticisms, and comments submitted by deputies have been handled, and 80.6% of the problems raised therein have been resolved or have been scheduled for gradual resolution.

 

The State Council, the Supreme People’s Court, the Supreme People’s Procuratorate, and relevant government departments attached great significance to the handling of deputies’ suggestions, and the General Office of the Standing Committee and relevant special committees of the NPC worked conscientiously to coordinate and oversee this work. The State Council convened multiple executive meetings to hear reports on the handling of deputies’ suggestions, and put forth the requirement that relevant departments make the handling of deputies’ suggestions a standard and high-priority annual task, strengthen their communication with deputies, promptly respond to deputies’ concerns, and accept deputies’ oversight so as to ensure sound decision-making. In short, the comments and suggestions of deputies were seriously considered and adopted by relevant government departments as they developed policies and carried out their work.

 

(三)加强代表思想作风和素质能力建设。精心制定代表学习培训计划并认真组织实施,把学习贯彻党的十八届六中全会精神、加强代表思想作风建设纳入培训内容。举办全国人大代表专题学习班3期、专题研讨班1期,1000余名代表参加学习。组织代表专题调研和集中视察,取得一批重要调研成果,推动了相关工作。

 

3) We helped deputies improve their thinking, work style, and capabilities.

 

We meticulously formulated and carried out study and training plans for deputies, helping them grasp and put into practice the guidelines of the Sixth Plenary Session of the 18th Party Central Committee and improve their thinking and work style. Last year, we organized three study sessions and one seminar on special topics, which were attended by more than 1,000 deputies. We also organized research projects and inspection tours for deputies, which yielded a number of fruitful results and helped to move forward work in relevant fields.

 

六、充分发挥人大对外交往服务国家大局的作用

6. We gave full expression to the NPC’s role in serving China’s overall interests through its international exchanges.

 

坚持服从服务于国家发展和外交工作大局,统筹谋划和积极推进人大对外交往工作。巩固和完善与有关国家议会定期交流机制,中国全国人大已与俄罗斯、美国、英国、印度、巴西、南非等20个国家议会和欧洲议会建立定期交流机制或政治对话,2016年同肯尼亚、以色列议会分别建立合作机制。委员长会议组成人员率团访问赞比亚、法国、芬兰、越南等19个国家,保持与往访国高层交往良好势头。全国人大常委会委员长首次出席各国议会联盟大会并发表讲话,就促进和平发展、国际关系民主化提出中国主张,提升了中国全国人大的国际影响力。拓展议会多边外交形式,首次与各国议会联盟共同在华举办亚非国家议员研讨班。全面深化专门委员会、双边友好小组、工作机构以及地方人大等多层次对外交流合作。继续组织全国人大西藏代表团主动开展对外交流。2016年,共接待55个外国议会代表团和其他来访团。

 

We remained committed to the principle of complying with and working for China’s overall development interests and diplomatic work. We carried out overall planning for and greatly advanced the NPC’s foreign relations work.

 

We strengthened and improved the mechanism of regular exchanges with foreign parliaments. The NPC has a mechanism for regular exchanges or carries out political dialogue with the parliaments of 20 countries including Russia, the United States, the United Kingdom, India, Brazil, and South Africa, as well as with the European Parliament. Last year, we established mechanisms for cooperation with the parliaments of Kenya and Israel.

 

Delegations headed by members of the Chairperson’s Council visited 19 countries including Zambia, France, Finland, and Vietnam, helping maintain the positive momentum of high-level exchanges with these countries. As Chairman of the Standing Committee of the NPC, I attended the Assembly of the Inter-Parliamentary Union (IPU), at which I delivered a speech presenting China’s stand on promoting peaceful development of the world and greater democracy in international relations. The attendance of the Chairman of the NPC Standing Committee at the IPU Assembly for the first time in history has helped to greatly increase the international influence of the NPC.

 

We explored new forms of multilateral parliamentary diplomatic activities, working together with the IPU to hold, in China for the first time, a seminar for members of parliaments of Asian and African countries. We stepped up foreign exchanges and cooperation at various other levels, such as those conducted by NPC special committees, bilateral friendship groups, working bodies of the Standing Committee, and local people’s congresses. We continued to arrange for the NPC Tibetan Delegation to proactively conduct foreign exchanges. Over the past year, we received 55 parliamentary or other delegations.

 

立足于人大自身特点和优势,不断丰富对外交往的内涵,着力拓展对外交往的深度。一是推动落实国家领导人达成的重要共识,巩固和增进政治互信,相互尊重彼此核心利益和重大关切,不断夯实国家关系发展的政治基础。二是促进以互利共赢为基础的各领域务实合作,推动“一带一路”建设与有关国家发展战略对接,敦促有关国家议会为双边务实合作和人员往来提供良好法律保障和政策环境。三是服务国家发展战略和民主法治建设需要,深化治国理政经验交流,借鉴外国有益立法经验,加强对我国重要立法项目的正面解读。四是讲好中国故事,传播中国理念、中国经验和中国方案,增进国际社会对中国发展道路和内外政策的理解和认同。五是针对个别国家在台湾、涉藏、南海等问题上的错误言行,通过发表声明、谈话等形式坚定维护国家主权、安全和发展利益。

 

Based on the NPC’s unique features and strengths, we put great effort into improving its foreign relations work in both scope and depth.

 

First, we strived to ensure that the consensus achieved between Chinese and foreign leaders is upheld, and worked to consolidate and enhance mutual political trust and foster mutual respect of each other’s core interests and major concerns, thus strengthening the political basis for the development of China’s relations with these countries.

 

Second, we worked to promote mutually beneficial practical cooperation with other countries across various fields. We helped increase the complementarity between the development strategies of China and other countries concerned in the Belt and Road Initiative, and urged the parliaments of these countries to provide legal guarantees and favorable policy environments for bilateral pragmatic cooperation and personnel exchange.

 

Third, in working to serve China’s development strategy and the development of its democracy and rule of law, we strengthened international exchanges on the topic of state governance, learned from other countries’ legislative experiences, and stepped up our work of explaining China’s major legislative items to the outside world.

 

Fourth, by telling stories of China well and spreading Chinese visions, experience, and approaches, we have been able to see better understanding and wider recognition of China’s development path and foreign and domestic policies in the international community.

 

Fifth, in responding to false statements and inappropriate actions by certain countries regarding the Taiwan question and issues concerning Tibet and the South China Sea, we resolutely safeguarded China’s sovereignty, security, and developmental interests by issuing statements, engaging talks, and taking other actions.

 

决定条约和重要协定的批准,是全国人大常委会的一项法定职权。《巴黎协定》是近年来气候变化多边进程的最重要成果。常委会审议批准该协定,彰显我国作为发展中大国的责任担当,有利于我国在气候变化多边进程中发挥更重要的作用。

 

Ratifying treaties and agreements concluded with foreign countries is a legally mandated duty of the NPC Standing Committee. The Paris Agreement has been the most important achievement of the multilateral efforts to address climate change in recent years. We deliberated and ratified this agreement, which demonstrates China’s willingness to shoulder its responsibilities as a large developing country and enables China to play an even bigger role in multilateral initiatives on climate change.

 

七、大力加强自身建设

7. We intensified self-improvement efforts.

 

常委会始终把思想政治建设摆在首位,坚定理想信念,坚定中国特色社会主义道路自信、理论自信、制度自信、文化自信,切实增强责任感和使命感。认真开展“两学一做”学习教育,自觉用马克思主义中国化最新成果武装头脑、指导实践、推动工作。办好常委会专题讲座,努力提高依法履职能力和水平。贯彻落实全面从严治党要求,扎实推进党风廉政建设和反腐败斗争,严格执行中央八项规定精神,持续深入改进作风。完善出席会议情况通报制度,努力提高审议质量。全国人大机关自觉接受中央专项巡视监督,严肃认真抓好巡视整改,全面加强机关建设和工作。

 

We have continuously given top priority to improving our thinking and theoretical competence, held firm to ideals and convictions, stayed confident in the path, theory, system, and culture of Chinese socialism, and strengthened our sense of responsibility and mission. We threw ourselves into the Party-wide drive to help Party members better meet Party standards by studying the Party Constitution, Party regulations, and General Secretary Xi Jinping’s policy addresses, and consciously equipped ourselves with the latest achievements in adapting Marxism to Chinese conditions and used them to guide our practice and advance our work.

 

We successfully organized Standing Committee seminars and strived to improve our capability for better performing our duties in accordance with the law. We strived to meet the requirements related to ensuring strict Party self-governance in every respect; made solid progress in improving Party conduct, promoting integrity, and fighting corruption; strictly implemented the Party Central Committee’s eight-point decision on improving Party and government conduct; and continued to improve our work style. We improved the system for reporting attendance of meetings, and worked hard to raise the quality of deliberation. Administrative bodies of the Standing Committee and special committees willingly accepted the special inspection and oversight by the central discipline inspection team and conscientiously worked to rectify problems identified in the inspection, thus improving themselves and their work in all respects.

 

常委会加强对各专门委员会的领导,注重发挥专门委员会的重要作用。各专门委员会认真履行法定职责,牵头组织起草一批重要法律草案,组织实施执法检查,深入开展调查研究,做了大量富有成效的工作。常委会党组在全国人大各专门委员会设立分党组,加强专门委员会党的建设。

 

We strengthened leadership over the work of special committees and stressed the need for them to fulfill their crucial role. Special committees earnestly carried out their legally mandated duties and did a great deal of productive work, such as taking the lead in organizing the drafting of major legislative items, organizing inspections of compliance with laws, and carrying out in-depth research and studies. The Leading Party Members’ Group of the Standing Committee set up branch groups in special committees to strengthen their work in relation to Party building.

 

各位代表!

 

Fellow Deputies,

 

全国人大常委会工作取得的成绩,是在以习近平同志为核心的党中央正确领导下,全国人大代表、常委会组成人员、各专门委员会组成人员和全国人大机关工作人员兢兢业业、履职尽责、扎实工作的结果,是国务院、最高人民法院、最高人民检察院和地方各级人大及其常委会密切配合、团结协作的结果,是全国各族人民充分信任、大力支持的结果。在此,我代表全国人大常委会表示崇高的敬意和衷心的感谢!

 

The Standing Committee’s achievements this past year have been made under the sound leadership of the Party Central Committee with Comrade Xi Jinping at its core. They are the result of the careful, diligent, and hard work of all NPC deputies, members of the NPC Standing Committee and special committees, and the staff of the administrative bodies of the Standing Committee and special committees; the close coordination and cooperation of the State Council, the Supreme People’s Court, the Supreme People’s Procuratorate, and local people’s congresses at all levels and their standing committees; and the full trust and great support of the entire Chinese people. On behalf of the Standing Committee, I would like to express our highest respect for and sincere gratitude to them all.

 

回顾过去一年的工作,我们清醒地认识到,常委会工作中还存在一些差距和不足。在立法任务越来越重、节奏越来越快、要求越来越高的新形势下,立法的针对性和有效性需要进一步增强;针对有法不依、执法不严、违法不究等突出问题,监督的力度需要进一步加大、方式有待进一步完善;常委会联系人大代表、代表联系人民群众的工作有待进一步深化,委员和代表思想作风建设需要进一步加强。我们要高度重视这些问题,虚心听取代表和各方面的意见建议,自觉接受监督,不断加强和改进各项工作。

 

In reviewing what we achieved over the past year, we are keenly aware that the work of the Standing Committee still has room for improvement. We still need to make legislation more targeted and effective under the new circumstances, where legislation initiatives are growing in number and the pace of and requirements for legislation are increasing. We need to increase the intensity and improve the methods of our oversight work to address the prominent problems of non-compliance with laws, lax law enforcement, and failure to prosecute violations of the law. We need to see better communication between the Standing Committee and deputies and between deputies and the public, and improve the thinking and work style of deputies and members of the Standing Committee. We must take these problems seriously and strive to improve our work in all respects by listening to comments and suggestions from deputies and all sectors of society with an open mind and willingly accepting their oversight. 

今后一年的主要任务

Major Tasks for This Year

 

2017年,中国共产党将召开具有重大而深远意义的第十九次全国代表大会,这是党和国家政治生活中的头等大事。2017年是全面实施“十三五”规划、全面建成小康社会的重要一年。做好今年人大工作意义重大。全国人大常委会工作的总体要求是:在以习近平同志为核心的党中央坚强领导下,全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,坚持稳中求进工作总基调,维护宪法法律权威,加强重点领域立法,着力提高立法质量,实行正确监督、有效监督,支持和保障代表依法履职,圆满完成本届全国人大及其常委会各项任务,以优异成绩迎接党的十九大胜利召开。

 

In 2017, the Communist Party of China will convene its 19th National Congress, the most important political event of the year for the Party and the country and an event of far-reaching significance. 2017 is also an important year for the implementation of China’s 13th Five-Year Plan and for the country’s advancement toward finishing building a moderately prosperous society in all respects. It is therefore extremely important that the NPC accomplishes all of its work for the year well.

 

The overall requirements for the work of the NPC Standing Committee this year are as follows:

 

– Uphold the firm leadership of the Party Central Committee with Comrade Xi Jinping at its core

 

– Implement fully the guidelines from the 18th National Party Congress and those of the third through sixth plenary sessions of the 18th Party Central Committee

 

– Take as our guide Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development

 

– Fully grasp and put into practice the principles from General Secretary Xi Jinping’s major addresses and his new vision, thinking, and strategies for the governance of China

 

– Remain committed to the underlying principle of making progress while keeping performance stable

 

– Safeguard the authority of the Constitution and other laws

 

– Strengthen legislation in key areas, with the focus on raising the quality of legislation

 

– Deliver proper and effective oversight

 

– Support and ensure deputies’ law-based performance of their duties

 

– Ensure successful accomplishment of all the work of the current NPC and its Standing Committee

 

– Greet the convocation of the 19th National Party Congress with great achievements

 

This year, we will ensure fulfillment of the following tasks.

 

一、以良法促进发展、保证善治

1. Produce effective legislation to promote development and help ensure good governance

 

法律是治国之重器,良法是善治之前提。十二届全国人大及其常委会紧紧围绕建设中国特色社会主义法治体系,认真行使国家立法权,坚持立改废释并举,遵循和把握立法规律,不断提高立法工作水平。

 

The law is of great value to the governance of a country, and good laws are a prerequisite for good governance. With a view toward putting in place a socialist rule of law system with Chinese characteristics, the 12th NPC and its Standing Committee have conscientiously exercised state legislative powers, enacting, revising, repealing, and interpreting laws as necessary. By grasping and following the principles of legislative work, we have been able to continuously improve it.

 

总结近年来的实践经验,做好人大立法工作要着重把握好以下几点:一是坚持党对立法工作的领导,全面贯彻落实党中央确定的立法工作目标任务,立法中的重要事项和重大问题,由常委会党组及时向党中央请示报告。二是发挥立法的引领和推动作用,坚持法治和改革协同推进,坚持法治和德治协同发力,将社会主义核心价值观融入法治建设,为改革发展稳定提供法治保障。三是发挥人大在立法工作中的主导作用,完善立法体制机制,加强立法工作组织协调,增强立法的及时性、系统性、针对性、有效性。四是深入推进科学立法、民主立法,恪守以民为本、立法为民理念,广泛凝聚立法共识,发挥立法机关在表达、平衡、调整社会利益方面的重要作用。

 

In reviewing the experience gained in recent years, we have realized that to do our legislative work well we must adhere to the following principles:

 

First, uphold the Party’s leadership over legislative work. We must work in line with the objectives and tasks set by the Party Central Committee for China’s legislative work. The Leading Party Members’ Group of the Standing Committee must promptly request instructions from and submit reports to the Party Central Committee on major issues and matters in legislation.

 

Second, allow legislation to play its guiding and driving role. We must remain committed to coordinating the advancement of both rule of law and reform and to ensuring rule of law and rule of virtue work in concert with one another. We must instill core socialist values into the development of the rule of law, and develop the rule of law to provide a guarantee for the country’s reform, development, and stability.

 

Third, ensure the NPC plays its dominant role in legislative work. We need to improve legislative systems and mechanisms, strengthen organization and coordination in relation to legislative work, and make this work more timely, systematic, targeted, and effective.

 

Fourth, legislate more effectively and democratically. In line with the idea of putting the people first in legislation and making legislation for them, we must build up broad consensus on legislation and ensure that legislative bodies properly fulfill their important role of voicing, balancing, and adjusting the interests of different sectors of society.

 

新的一年,常委会要更好坚持上述行之有效的立法工作思路、原则和方式方法,加强重点领域立法,加强涉及改革的法律立改废释工作,着力提高立法质量,确保顺利完成立法工作目标任务。一是贯彻落实党中央关于深化国家监察体制改革的决策部署,将行政监察法修改为国家监察法,为构建集中统一、权威高效的国家监察体系提供法治保障。二是围绕构建发展新体制完善法律制度。在民法总则出台后,加快推进民法典各分编的编纂工作,强化对民事权利的保护,完善平等保护产权等法律制度;落实税收法定原则,制定烟叶税法、船舶吨税法等单行税法;制定电子商务法,修改反不正当竞争法、中小企业促进法、农民专业合作社法、证券法、标准化法等,着力健全现代市场体系。三是加强社会、文化、生态等方面法律制度建设。制定社区矫正法、基本医疗卫生法、公共图书馆法,完善社会治理体制,推进健康中国建设,保障人民文化权益;制定土壤污染防治法,修改水污染防治法,促进生态文明建设;制定核安全法、国家情报法、国际刑事司法协助法,修改测绘法;修改人民法院组织法、人民检察院组织法。四是做好与改革试点授权决定相关的工作。

 

This coming year, we will better adhere to the above-mentioned ways of thinking, principles, and methods, given their proven effectiveness in our legislative work. We will strengthen both legislation in key areas and work regarding the enactment, revision, abolition, and interpretation of laws related to reform. We will raise the quality of legislation and ensure that the objectives and tasks set for legislative work are met and accomplished.

 

First, we will carry out the decision and plan of the Party Central Committee on deepening reform of the national supervision system. This means that we will revise the Law on Administrative Supervision to turn it into a national supervision law, so as to provide a legal guarantee for our efforts to put in place a centralized, unified, authoritative, and highly-efficient national supervision system.

 

Second, we will improve the legal system with a view toward building new systems for development. After issuing the General Provisions of Civil Law, we will step up our work on compiling the individual books of a civil code. We will strengthen protection of civil law rights and improve our system of laws and regulations concerning equal protection of property rights. To ensure law-based taxation, we will formulate laws on specific taxes, such as a tobacco leaf tax law and a tonnage tax law. To improve the modern market system, we will work on establishing an e-commerce law and revising several laws, including the Anti-Unfair Competition Law, the Law on Promoting Small and Medium-Sized Enterprises, the Law on Farmers’ Specialized Cooperatives, the Securities Law, and the Standardization Law.

 

Third, we will strengthen the development of laws and regulations concerning social, cultural, ecological, and other issues. We will formulate a community correction law, a basic medical and health care law, and a law on public libraries, so as to improve the social governance system, push forward the building of a Healthy China, and guarantee the people’s cultural rights and interests. To promote ecological progress, we will enact a law for the prevention and control of soil pollution and revise the Law on the Prevention and Control of Water Pollution. We will formulate a nuclear safety law, an intelligence law, and a law on international judicial assistance in criminal matters, and revise the Surveying and Mapping Law. We will also revise the Organic Law of the People’s Courts and the Organic Law of the People’s Procuratorates.

 

Fourth, we will effectively carry out work concerning the authorization of pilot reforms.

 

二、实行正确监督、有效监督

2. Deliver proper and effective oversight

 

全国人大及其常委会监督“一府两院”的工作和宪法法律的实施,是人民代表大会制度的内在要求和制度安排,体现了国家一切权力属于人民的宪法原则。十二届全国人大常委会切实把宪法法律赋予的监督权用起来,把实行正确监督、有效监督作为开展监督工作的基本遵循,不断深化对人大监督工作定位和规律的认识。实行正确监督,关键是始终坚持党的领导,坚持全国一盘棋,严格按照法定职权和法定程序进行监督,既敢于监督又善于监督,正确处理监督与支持的关系,促进“一府两院”依法行政、公正司法,形成加强和改进工作的合力。实行有效监督,关键是紧紧围绕党和国家工作大局,坚持问题导向,找准加强监督工作的着力点,完善监督工作方式方法,跟踪问效、一抓到底,推动解决人大代表、人民群众普遍关心的热点难点问题,让人民群众有更多获得感。

 

Oversight by the NPC and its Standing Committee over the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, and over the enforcement of the Constitution and other laws, is both an inherent requirement and institutional design of the system of people’s congresses and a practice that embodies the constitutional principle that all state power belongs to the people. The 12th NPC Standing Committee has effectively exercised the power of oversight granted to it by the Constitution and other laws and has adhered to the basic principle that oversight must be proper and effective. Throughout this process, we have developed a deeper understanding of the designed functions of oversight by people’s congresses as well as the principles governing this work.

 

To exercise proper oversight, it is vital that we consistently uphold leadership by the Party and coordinate our oversight work nationwide. We must exercise oversight in strict accordance with our legally mandated powers and statutory procedures. We must have both the courage and the competence to carry out oversight and properly manage the relationship between oversight and support, so that we can truly help the State Council carry out administration in accordance with the law and help the Supreme People’s Court and the Supreme People’s Procuratorate administer justice impartially. This is a way for us to work together with them and help them strengthen and improve their work.

 

To deliver effective oversight, it is crucial that we keep to a problem-oriented approach and identify the focal points of our oversight work, while keeping in mind the overall work of the Party and the country. We should improve the way we carry out oversight, conducting follow-up oversight to get to the bottom of problems and see real results. This will allow us to work toward resolution of major and difficult issues of common concern to NPC deputies and the general public, and to ensure that the people gain a greater sense of benefit.

 

新的一年,常委会要牢固树立和贯彻落实新发展理念,坚持以人民为中心的发展思想,加强对有关法律实施情况的监督,加强对“一府两院”工作的监督,促进经济平稳健康发展和社会和谐稳定。一是加强对法律实施情况的监督,检查药品管理法、产品质量法、著作权法、固体废物污染环境防治法、种子法、网络安全法的实施情况。二是加大对预算决算的监督力度,听取审议2016年中央决算报告、审计工作报告、预算执行情况报告、审计查出问题整改情况报告;围绕非税收入规范管理等进行专题调研;研究建立国务院向全国人大常委会报告国有资产管理情况的制度;推进预算联网监督工作。三是围绕全面做好稳增长、促改革、调结构、惠民生、防风险各项工作,听取审议国务院关于计划执行情况、推进供给侧结构性改革加快制造业转型升级工作情况的报告;听取审议国务院关于脱贫攻坚、国家财政教育资金分配和使用、药品管理、文化遗产工作情况的报告;听取审议国务院关于2016年度环境状况和环境保护目标完成情况、草原生态环境保护工作情况的报告;围绕未成年人保护法实施、民族乡经济社会发展、华侨权益保护等进行专题调研。四是围绕促进司法公正,分别听取审议最高人民法院、最高人民检察院关于全面深化司法改革情况的报告。五是持续加强宪法实施监督工作,开展国家宪法日活动,依法组织宪法宣誓;加快建立全国统一的备案审查信息化平台,加强备案审查工作。

 

This coming year, we will keep in mind and put into practice the new development philosophy and adhere to the vision of people-centered development. We will strengthen oversight over the implementation of laws and over the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, so that we can help ensure steady and sound economic development as well as social harmony and stability.

 

First, we will intensify oversight of the implementation of laws. We will inspect compliance with the Pharmaceutical Administration Law, the Product Quality Law, the Copyright Law, the Law on the Prevention and Control of Environmental Pollution Caused by Solid Wastes, the Seed Law, and the Cybersecurity Law.

 

Second, we will strengthen oversight of government budgets and final accounts. We will hear and deliberate the State Council’s reports on the central government’s final accounts for 2016, on auditing work, on budget implementation, and on the rectification of problems discovered in auditing. We will conduct research on topics such as standardizing non-tax revenue management, and explore ways to put in place a system through which the State Council reports to the NPC Standing Committee on the management of state-owned assets. We will press ahead with the integrated online oversight of budgets.

 

Third, with a focus on the government’s comprehensive initiatives to ensure steady growth, advance reform, make structural adjustments, improve living standards, and guard against risks, we will hear and deliberate reports of the State Council on the implementation of the plan for national economic and social development and on the work to advance supply-side structural reform and accelerate transformation and upgrading of manufacturing. We will hear and deliberate reports of the State Council on poverty reduction progress, on allocation and utilization of government funds for education, on drug administration, and on protection of cultural heritage. We will hear and deliberate the State Council’s reports on the state of the environment and the fulfillment of environmental protection targets in 2016, and on its work concerning grassland ecological conservation and environmental protection. We will conduct research on the implementation of the Law on the Protection of Minors, on economic and social development in townships where ethnic minorities live, and on protection of the rights and interests of overseas Chinese.

 

Fourth, with a view to promoting judicial impartiality, we will hear and deliberate reports of the Supreme People’s Court and the Supreme People’s Procuratorate on their work to comprehensively deepen judicial reform.

 

Fifth, we will make consistent efforts to strengthen oversight over enforcement of the Constitution. We will hold events to mark National Constitution Day and organize in accordance with the law swearing-in ceremonies for pledging allegiance to the Constitution. We will accelerate the building of a nationally unified information platform for recording and reviewing normative documents so as to improve our work in this regard.

三、认真做好人大代表选举工作

3. Ensure well-organized elections of deputies to people’s congresses

 

选举人大代表是人民代表大会制度的基础,对于巩固党的执政地位、保障人民当家作主、加强国家政权建设具有重要意义。常委会要贯彻党中央关于人大代表换届选举工作的部署要求,依照宪法和选举法等法律规定,制定有关法律文件,主持十三届全国人大代表选举。指导、督促各选举单位做好代表选举工作,深刻汲取辽宁拉票贿选案的教训,严密防范措施,严明纪律规矩,确保换届工作正确方向,确保选举工作弊绝风清。组织好香港特别行政区、澳门特别行政区选举十三届全国人大代表。依法加强代表资格审查工作。发挥好全国县乡两级人大换届选举工作联席会议作用,继续做好指导县乡人大换届选举有关工作。

 

The election of deputies is the foundation of the system of people’s congresses and is of great importance for consolidating the Party’s position as the governing party, ensuring the position of the people as masters of the country, and strengthening state power. In line with the Party Central Committee’s arrangements and requirements concerning the election of new deputies to people’s congresses, we will formulate the necessary legal documents and organize the election of deputies to the 13th NPC, acting in accordance with the Constitution and other laws including the Electoral Law for the National People’s Congress and Local People’s Congresses. We will provide guidance to electoral bodies to help them organize elections well, study the lessons learned from the voting bribery case in Liaoning Province, and, through a combination of strict preventative measures and disciplinary regulations, ensure that the right direction is maintained in elections and the elections are conducted honestly. We will ensure that elections of deputies to the 13th NPC are properly organized in the Hong Kong and Macao special administrative regions. Review of deputies’ qualifications will be strengthened in accordance with the law. We will see that the national joint conference on the election of new deputies to people’s congresses at the county and township levels fully plays its role, and ensure elections at these two levels are well organized.

 

四、加强和改进代表工作

4. Strengthen and improve the NPC’s deputy-related work

 

4年来,十二届全国人大代表肩负人民重托,代表人民利益和意志,依法执行代表职务,参加行使国家权力,为全国人大及其常委会各项工作奠定了坚实基础,为党和国家事业发展作出了重要贡献。我们要从保障人民当家作主的高度,坚持尊重代表主体地位,自觉接受代表和人民监督,确保人大及其常委会始终成为人民的代表机关。

 

During these past four years, the deputies to the 12th NPC, bearing in mind the great trust the people have placed in them, have performed their duties in accordance with the law and participated in the exercise of state power so as to represent the interests and will of the people. Their efforts have laid a solid foundation for the work of the NPC and its Standing Committee, and they have made great contributions to the development of the cause of the Party and the country. To ensure that the people serve as the masters of the country, we will continue to respect the principal position of deputies, consciously accept oversight from deputies and the public, and see to it that people’s congresses and their standing committees always represent the people.

 

新的一年,要继续通过多种形式听取代表的意见建议,推动“一府两院”加强与代表的联系,拓宽代表知情知政渠道。做好代表列席常委会会议工作,组织代表参加常委会执法检查、专门委员会有关会议和学习培训活动等。贯彻落实关于完善人大代表联系人民群众制度的实施意见,密切人大代表同人民群众的联系,努力做到民有所呼、我有所应。切实加强代表思想政治作风建设,提高代表履职能力,加强代表履职监督,促进代表依法履职尽责。

 

This coming year, we will continue to listen to deputies’ comments and suggestions using a variety of channels, urge the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate to strengthen their communication with deputies, and broaden channels through which deputies can learn about state affairs and the government’s work. We will invite deputies to observe meetings of the Standing Committee, and arrange for them to participate in the Standing Committee’s law compliance inspections and attend relevant meetings and study and training activities of special committees. We will implement the guidelines on improving the system by which deputies to people’s congresses keep in contact with the people, so as to ensure deputies better communicate with the people and respond to each and every one of the people’s concerns. We will help deputies improve their political stand, thinking, and work style and ensure they are better able to carry out their duties, and we will strengthen oversight of deputies to see that they carry out their duties and functions in accordance with the law.

 

五、统筹做好其他方面工作

5. Ensure success in all other aspects of the NPC’s work

 

积极开展对外交往。贯彻落实党中央外交大政方针和总体部署,巩固和深化与有关国家议会的机制交流,做好周边国家和“一带一路”沿线国家议会工作,积极参与议会多边外交,发挥高层交往和各层次友好往来作用,巩固政治互信,加强务实合作,增进人民友好,为我国发展积极营造良好外部环境。

 

We will actively carry out foreign relations work.

 

In accordance with the Party Central Committee’s major policies and overall plan for China’s diplomatic work, we will consolidate and deepen mechanism-based exchanges with relevant foreign parliaments, especially those of neighboring countries and countries participating in the Belt and Road Initiative. We will actively take part in multilateral parliamentary diplomatic activities and make use of both top-level exchanges and friendly exchanges at other levels to enhance political trust and pragmatic cooperation with other countries and deepen friendship with other peoples, thus helping create a favorable external environment for China’s development.

 

加强人大新闻舆论和理论研究工作。牢牢掌握意识形态工作主动权,学习、宣传、阐释以习近平同志为核心的党中央关于坚持和完善人民代表大会制度、全面依法治国的理论和实践创新成果,生动展现社会主义民主法治建设新气象新局面。坚持正确舆论导向,加强人大新闻发布工作和舆论阵地建设。开展香港特别行政区基本法实施20周年纪念活动。

 

We will improve the NPC’s information and public communication work and theoretical research.

 

To maintain the initiative in work concerning the public discourse, we will work to understand, explain, and communicate the new theoretical and practical accomplishments that the Party Central Committee with Comrade Xi Jinping at its core has made in upholding and improving the system of people’s congresses and in fully advancing the law-based governance of China, and we will demonstrate clearly the achievements and progress China has made in developing socialist democracy and the rule of law. To maintain the right tone in public communication, we will improve the NPC’s press release work and enhance its public communication capacity. We will hold events to commemorate the 20th anniversary of the implementation of the Basic Law of the Hong Kong Special Administrative Region.

 

继续推动地方人大工作完善发展。加强县乡人大工作和建设,举办县级人大常委会负责同志学习班,加强对地方人大立法工作的指导。

 

We will continue to promote the development and improvement of the work of local people’s congresses.

 

We will take steps to strengthen the work and development of people’s congresses at the county and township levels, organize study sessions for leading members of the standing committees of county-level people’s congresses, and offer better guidance on legislative work to local people’s congresses.

 

贯彻党中央关于健全人大讨论决定重大事项制度、各级政府重大决策出台前向本级人大报告的部署要求,认真做好人大讨论决定重大事项工作,更好发挥国家权力机关职能作用。

 

In accordance with the Party Central Committee’s requirement that the system by which people’s congresses discuss and decide major issues be improved and that people’s governments at all levels report to people’s congresses at the same level before publishing major policy decisions, we will make sure that people’s congresses properly perform their tasks in discussing and deciding major issues and better carry out their functions as organs of state power.

 

全面加强常委会自身建设。加强思想政治教育和理论武装,旗帜鲜明讲政治,进一步增强政治意识、大局意识、核心意识、看齐意识,坚定维护以习近平同志为核心的党中央权威和集中统一领导。贯彻落实深化全面从严治党精神,严守政治纪律和政治规矩,营造风清气正的政治生态。全面加强全国人大机关建设,用好巡视整改工作成果,打造忠诚干净担当的机关干部队伍,切实提高参谋助手能力和服务保障水平。

 

We will strengthen self-improvement of the Standing Committee in all respects.

 

We will improve our thinking and theoretical competence; take a clear stand in emphasizing politics; raise our awareness of the need to maintain political integrity, think in big-picture terms, uphold the leadership core, and keep in alignment; and safeguard the authority of the Party Central Committee with Comrade Xi Jinping at its core and uphold its centralized, unified leadership. We will deepen our understanding of the guiding principles of the Party’s strict self-governance so as to ensure better implementation of them, strictly observe political discipline and rules, and create an honest and upright political environment. We will comprehensively improve the administrative bodies of the Standing Committee and special committees. Utilizing the lessons learned from addressing the problems discovered by the central discipline inspection team during its special inspection of these bodies, we will help these bodies better assist and support deputies and ensure their officials are loyal to the Party, honest, and responsible.

 

各位代表!我们比历史上任何时期都更接近中华民族伟大复兴的目标,比历史上任何时期都更有信心、有能力实现这个目标。让我们更加紧密地团结在以习近平同志为核心的党中央周围,不忘初心、继续前进,开拓创新、奋发有为,为长期坚持、全面贯彻、不断发展人民代表大会制度,为实现“两个一百年”奋斗目标、实现中华民族伟大复兴的中国梦而努力奋斗!

 

Fellow Deputies,

 

Today, we are closer than ever in history to realizing the rejuvenation of the Chinese nation, and we have greater confidence in achieving this goal and greater capability to do so than ever before. Rallying even closer around the Party Central Committee with Comrade Xi Jinping at its core, let us stay true to the Party’s founding mission and continue to move forward as we work with creativity and tap into our potential to uphold, implement, and develop the system of people’s congresses, achieve the Two Centenary Goals,2 and realize the Chinese Dream of national rejuvenation.

 

Notes:

 

1. This refers to making comprehensive moves to finish building a moderately prosperous society in all respects, deepen reform, advance the law-based governance of China, and strengthen Party self-governance.

 

2. This refers to completing the building of a moderately prosperous society in all respects by the time the Communist Party of China celebrates its centenary in 2021 and turning the People’s Republic of China into a modern socialist country that is prosperous, strong, democratic, culturally advanced, and harmonious by the time it celebrates its centenary in 2049.

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 最后更新:2019-2-20
  • 版权声明 本文源自 新华网sisu04 整理 发表于 2017年3月19日 01:33:15